John Hoeven on Homeland Security

Republican ND Governor

Voted YES on extending the PATRIOT Act's roving wiretaps.

Congressional Summary: A bill to extend expiring provisions of the USA PATRIOT Improvement and Reauthorization Act of 2005 and Intelligence Reform and Terrorism Prevention Act of 2004 relating to access to business records, individual terrorists as agents of foreign powers, and roving wiretaps until December 8, 2011.

Proponent's Argument for voting Yes:[Rep. Smith, R-TX]: America is safe today not because terrorists and spies have given up their goal to destroy our freedoms and our way of life. We are safe today because the men and women of our Armed Forces, our intelligence community, and our law enforcement agencies work every single day to protect us. And Congress must ensure that they are equipped with the resources they need to counteract continuing terrorist threats. On Feb. 28, three important provisions of the USA PATRIOT Act will expire. These provisions give investigators in national security cases the authority to conduct "roving"
wiretaps, to seek certain business records, and to gather intelligence on lone terrorists who are not affiliated with a known terrorist group. The Patriot Act works. It has proved effective in preventing terrorist attacks and protecting Americans. To let these provisions expire would leave every American less safe.

Opponent's Argument for voting No:[Rep. Conyers, D-MI]: Section 215 of the Patriot Act allows a secret FISA court to authorize our government to collect business records or anything else, requiring that a person or business produce virtually any type record. We didn't think that that was right then. We don't think it's right now. This provision is contrary to traditional notions of search and seizure which require the government to show reasonable suspicion or probable cause before undertaking an investigation that infringes upon a person's privacy. And so I urge a "no" vote on the extension of these expiring provisions.
Status: Passed 86-12

Deal with terrorism as a joint federal-state responsibility.

Hoeven adopted the National Governors Association policy:

Handling Information Needs. Many of the operational, programmatic, and funding activities associated with terrorism consequence management preparedness are classified because of national security. Thus, the sharing of critical information is hampered. State governments must be viewed as strong partners in the US’ national security efforts, particularly as related to terrorism.

Managing Consequences.Managing the short- and long-term consequences of terrorism is among the responsibilities of state and local government supplemented by the resources of the federal government, coordinated by FEMA.

Supporting Public-Private Cooperation. Terrorism preparedness efforts should be inclusive of key private sector entities such as defining the appropriate roles and responsibilities for public and private health and medical communities.

Clarifying the Role of the National Guard. The role of the National Guard in terrorism
response activities is to support federal, state, and local response agencies with equipment, facilities, and personnel. Any assignment of responsibility should enhance the nation’s terrorism consequence management capability and provide for the contingency of the National Guard being called to assist active and reserve components in dealing with a major military conflict.

Federal Responsibility Governors recognize the need to coordinate programs among federal agencies to address domestic terrorism and appreciate the efforts of the National Domestic Preparedness Office. However, they encourage greater clarification of the currently fragmented structure of federal responsibilities and support increased cooperation among federal agencies to better enable states to plan for domestic terrorism responses. Governors urge appropriate funding, maximum coordination of program components, and coordinated service delivery within states and localities.

Include states in anti-terrorism planning.

Hoeven adopted the National Governors Association position paper:

The Issue

The issue of terrorism will be of major focus for the 107th Congress. Governors have a critical interest in controlling domestic terrorism because they are responsible for ensuring that state and local authorities have the ability to deal with natural disasters and other types of major emergencies, including terrorist incidents.

NGA’s Position

NGA believes that any national strategy for dealing with terrorist incidents should include planning and training by state and local forces. The unique nature of terrorism coupled with national security implications requires the support and expertise of the federal government in working with state and local government in developing capabilities. A clear national strategy developed through a partnership among federal agencies and key state, local, and private sector stakeholders is essential to drive operational and programmatic planning, training, and service delivery in combating terrorism.

Study terrorist threats against nuclear waste repositories.

Hoeven signed the Western Governors' Association resolution:

The Nuclear Regulatory Commission (NRC) should reexamine the issue of terrorism and sabotage against spent nuclear fuel and high-level radioactive waste shipments in order to determine the adequacy of the current physical protection regulations, as part of the NRC licensing process for a geologic repository or an interim storage facility.

The NRC should conduct a comprehensive assessment of the consequences of attacks that have the potential for radiological sabotage, including attacks against transportation infrastructure used by nuclear waste shipments, attacks involving capture of a nuclear waste shipment and use of high energy explosives against the cask, and direct attacks upon a nuclear waste shipping cask using antitank missiles.

The NRC should conduct the comprehensive reassessment of terrorism/sabotage consequences in a forum conducive to meaningful participation by all affected stakeholders, including the creation of a stakeholder advisory group to
assist the NRC in this task.

DOE should also fully evaluate the impacts of terrorism and sabotage against spent fuel and nuclear waste shipments in the Yucca Mountain and in any interim storage facility.

DOE should incorporate terrorism/sabotage risk management and countermeasures in all DOE transportation plans relating to operation of a repository, interim storage facility, and/or intermodal transfer facility, including liability for costs and damages resulting from terrorism/sabotage against nuclear waste shipments.

DOE is encouraged to expeditiously complete the Department’s guidance process for codifying the “Transportation Protocol Manual,” [with] review with the participating states and tribes prior to formal adoption.

The governors encourage NRC, DOT and DOE to use the “Transportation Protocol Manual” as the beginning point for requirements for the transport of both federal and commercial radioactive materials.